Beach v. S. S. Kresge Co.

The plaintiffs are husband and wife. The wife’s action is for personal injury sustained on August 16, 1934, while she was a customer in the defendant’s store, as the result of slipping on some ice cream which had fallen upon the floor. The husband’s action is for consequential damages.

The principal question is whether there was any evidence for the jury of the defendant’s negligence with respect to

the presence of the ice cream upon the floor. On this issue the wife’s own testimony was to this effect: It was a rainy afternoon and “very bad out.” As she entered the store she proceeded from…